PART IGENERAL

Interpretation2

1

In these Regulations, unless the context otherwise requires

  • “the 1989 Act” (“Deddf 1989”) means the Children Act 1989;

  • “the 2000 Act” (“Deddf 2000”) means the Care Standards Act 2000;

  • “appropriate office” (“swyddfa briodol”) means in relation to a fostering service—

    1. a

      if an office has been specified under paragraph (2) for the area in which the fostering service is situated, that office;

    2. b

      in any other case, any office of the National Assembly;

  • “approval” (“cymeradwyaeth”) means approval as a foster parent in accordance with regulation 28 and references to a person being approved are to be construed accordingly;

  • “area authority” (“awdurdod ardal”) means the local authority in whose area a child is placed, in any case where that local authority is not the child’s responsible authority;

  • “assessment” (“asesiad”) is to be construed in accordance with regulation 27(1);

  • “child protection enquiries” (“ymholiadau amddiffyn plant”) has the meaning given to it by regulation 12(4);

  • “children’s guide” (“arweiniad plant”) means the written guide produced in accordance with regulation 3(3);

  • “foster care agreement” (“cytundeb gofal maeth”) has the meaning given to it by regulation 28(5)(b);

  • “foster placement agreement” (“cytundeb lleoliad maeth”) has the meaning given to it by regulation 34(3);

  • “foster parent” (“rhiant maeth”) means a person with whom a child is placed, or may be placed under these Regulations, except that, in Parts IV and V of these Regulations it does not include a person with whom a child is placed under regulation 38(2);

  • “fostering panel” (“panel maethu”) means a panel established in accordance with regulation 24;

  • “fostering service” (“gwasanaeth maethu”) means—

    1. a

      a fostering agency within the meaning of section 4(4) of the 2000 Act; or

    2. b

      a local authority fostering service;

  • “fostering service provider” (“darparydd gwasanaeth maethu”) means—

    1. a

      in relation to a fostering agency, a registered person; or

    2. b

      in relation to a local authority fostering service, a local authority;

  • “general practitioner” (“ymarferydd cyffredinol”) means a registered medical practitioner who—

    1. a

      provides general medical services under Part II of the National Health Service Act 19774;

    2. b

      performs personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 19975; or

    3. c

      provides services which correspond to services provided under Part II of the National Health Service Act 1977 otherwise than in pursuance of that Act;

  • “independent fostering agency” (“asiantaeth faethu annibynnol”) means a fostering agency within the meaning of section 4(4)(a) of the 2000 Act (discharging functions of local authorities in connection with the placing of children with foster parents);

  • “local authority fostering service” (“gwasanaeth maethu awdurdod lleol”) means the discharge by a local authority of relevant fostering functions within the meaning of section 43(3)(b) of the 2000 Act;

  • National Assembly” (“Cynulliad Cenedlaethol”) means the National Assembly for Wales;

  • “organisation” (“corff”) means a body corporate;

  • “parent” (“rhiant”) in relation to a child, includes any person who has parental responsibility for the child;

  • “placement” (“lleoliad”) means any placement of a child made by—

    1. a

      a local authority under section 23(2)(a) of the 1989 Act or a voluntary organisation under section 59(1)(a) of the 1989 Act which is not—

      1. i

        a placement with a person who falls within section 23(4) of that Act; or

      2. ii

        a placement for adoption; and

    2. b

      except in Part V of these Regulations includes a placement arranged by an independent fostering agency acting on behalf of a local authority,

    and references to a child who is placed are to be construed accordingly;

  • “registered manager” (“rheolwr cofrestredig”) in relation to a fostering agency means a person who is registered under Part II of the 2000 Act as the manager of the fostering agency;

  • “registered person” (“person cofrestredig”) in relation to a fostering agency means any person who is the registered provider or the registered manager of the fostering agency;

  • “registered provider” (“darparydd gwasanaeth maethu”) in relation to a fostering agency means a person who is registered under Part II of the 2000 Act as the person carrying on a fostering agency6;

  • “responsible authority” (“awdurdod cyfrifol”) means, in relation to a child, the local authority or voluntary organisation as the case may be, responsible for the child’s placement;

  • “responsible individual” (“unigolyn cyfrifol”) is to be construed in accordance with regulation 5(2)(b)(i);

  • “statement of purpose” (“datganiad o ddiben”) means the written statement compiled in accordance with regulation 3(1).

2

The National Assembly may specify an office controlled by it as the appropriate office in relation to fostering services situated in a particular area of Wales.

3

In these Regulations, a reference

a

to a numbered regulation or Schedule is to the regulation in, or Schedule to, these Regulations bearing that number;

b

in a regulation or Schedule to a numbered paragraph, is to the paragraph in that regulation or Schedule bearing that number;

c

in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

4

In these Regulations, unless the contrary intention appears, references to employing a person include—

a

employing a person whether or not for payment;

b

employing a person under a contract of service or a contract for services;

c

allowing a person to work as a volunteer;

but do not include allowing a person to act as a foster parent, and references to an employee or to a person being employed is to be construed accordingly.